ORDER that Defendants' motion to dismiss (Doc. 98 ) is granted with prejudice as to the following claims in Plaintiffs' Second Amended Complaint: Claim 1 (in part): First Amendment right to know efficacy of midazolam. Claim 2: Substantive due process claim against use of paralytic. Claims 3 and 4: First Amendment claims to information about the execution. Claim 5: First Amendment right of access to courts. Claim 8: Class of one equal protection violation. FURTHER ORDERED that Defenda nts' motion to dismiss (Doc. 98 ) is denied as to the following claims in Plaintiffs' Second Amended Complaint: Claim 1 (in part): Eighth Amendment claim as to midazolam and paralytic. Claim 6: Eighth Amendment claim for failure to follow protocol. Claim 7: Procedural due process claim for failure to follow protocol. FURTHER ORDERED that Plaintiff First Amendment Coalition of Arizona, Inc., is dismissed from this action with prejudice, as any amendment would be futile. FURTHER ORDER ED that Plaintiffs' unopposed request for judicial notice of the 1992 General Election Arizona Publicity Pamphlet (Doc. 100 ) is granted. FURTHER ORDERED: (1) that Defendants shall file an answer to Plaintiffs' Second Amended Complaint no later than Friday, 05/27/16. (2) that initial disclosures shall be served no later than Wednesday, 06/08/16. (3) that the parties shall file a joint proposed Discovery Plan pursuant to Federal Rule of Civil Procedure 26(f) no later than Friday, 06/24/16. (4) that a Scheduling Conference pursuant to Federal Rule of Civil Procedure 16 is set for Wednesday, 06/29/16, at 1:30 PM in Courtroom 504, Sandra Day O'Connor U.S. Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. See order for complete details. Signed by Judge Neil V. Wake on 5/18/16. (NKS)

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